82_FR_58390 82 FR 58154 - Protection of Stratospheric Ozone: Revision to References for Refrigeration and Air Conditioning Sector To Incorporate Latest Edition of Certain Industry, Consensus-Based Standards

82 FR 58154 - Protection of Stratospheric Ozone: Revision to References for Refrigeration and Air Conditioning Sector To Incorporate Latest Edition of Certain Industry, Consensus-Based Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 236 (December 11, 2017)

Page Range58154-58156
FR Document2017-26084

The U.S. Environmental Protection Agency (EPA) is proposing to modify the use conditions required for use of three flammable refrigerants, isobutane (R-600a), propane (R-290), and R-441A, in new household refrigerators, freezers, and combination refrigerators and freezers under the Significant New Alternatives Policy (SNAP) program. The use conditions, which address safe use of flammable refrigerants, would reflect the incorporation by reference of an updated standard from Underwriters Laboratories. In the ``Rules and Regulations'' section of this Federal Register, we are modifying these use conditions as a direct final rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule.

Federal Register, Volume 82 Issue 236 (Monday, December 11, 2017)
[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Proposed Rules]
[Pages 58154-58156]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26084]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2017-0472; FRL-9968-23-OAR]
RIN 2060-AT53


Protection of Stratospheric Ozone: Revision to References for 
Refrigeration and Air Conditioning Sector To Incorporate Latest Edition 
of Certain Industry, Consensus-Based Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The U.S. Environmental Protection Agency (EPA) is proposing to 
modify the use conditions required for use of three flammable 
refrigerants, isobutane (R-600a), propane (R-290), and R-441A, in new 
household refrigerators, freezers, and combination refrigerators and 
freezers under the Significant New Alternatives Policy (SNAP) program. 
The use conditions, which address safe use of flammable refrigerants, 
would reflect the incorporation by reference of an updated standard 
from Underwriters Laboratories. In the ``Rules and Regulations'' 
section of this Federal Register, we are modifying these use conditions 
as a direct final rule without a prior proposed rule. If we receive no 
adverse comment, we will not take further action on this proposed rule.

DATES: Written comments must be received on or before January 25, 2018. 
Any party requesting a public hearing must notify the contact listed 
below under FOR FURTHER INFORMATION CONTACT by December 18, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2017-0472, to the Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. EPA 
may publish any comment received to its public docket. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make. EPA will generally not consider comments or comment contents 
located outside of the primary submission (i.e., on the Web, cloud, or 
other file sharing system). For additional submission methods, the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Chenise Farquharson, Stratospheric 
Protection Division, Office of Atmospheric Programs (Mail Code 6205T), 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460; telephone number: 202-564-7768; email address: 
[email protected]. Notices and rulemakings under EPA's 
Significant New Alternatives Policy program are available on EPA's 
Stratospheric Ozone Web site at https://www.epa.gov/snap/snap-regulations.

SUPPLEMENTARY INFORMATION: 

I. What is EPA proposing?

    This action proposes to revise the use conditions for three 
flammable hydrocarbon refrigerants, isobutane (R-600a), propane (R-
290), and R-441A, used in new household refrigerators, freezers, and 
combination refrigerators

[[Page 58155]]

and freezers under EPA's Significant New Alternatives Policy (SNAP) 
program. This action would replace four of the five use conditions in 
our previous hydrocarbon refrigerants rules (76 FR 78832, December 20, 
2011; 80 FR 19454, April 10, 2015) with the updated Underwriters 
Laboratories (UL) Standard 60335-2-24 (2nd edition, April 28, 2017), 
``Household and Similar Electrical Appliances--Safety--Part 2-24: 
Particular Requirements for Refrigerating Appliances, Ice-Cream 
Appliances and Ice-Makers.'' UL Standard 60335-2-24 supersedes the 
current edition of UL Standard 250 (10th edition, August 25, 2000), 
``Household Refrigerators and Freezers,'' which EPA previously 
incorporated by reference in the use conditions of the acceptability 
listings for these three refrigerants (76 FR 78832, December 20, 2011; 
80 FR 19454, April 10, 2015). The use conditions would include a charge 
limit of 150 grams (5.29 ounces) for each separate refrigerant circuit 
in a refrigerator or freezer, consistent with UL Standard 60335-2-24. 
The use conditions that would be replaced are reflected in the 
provisions of UL Standard 60335-2-24 and would be redundant of the 
standard. Elsewhere in this Federal Register, EPA is taking this action 
as a direct final rule without prior proposal because EPA views this as 
a noncontroversial revision and anticipates no adverse comments. This 
action does not place any significant burden on the regulated community 
and ensures consistency with industry standards. We have explained our 
reasons for this action in the preamble to the direct final rule.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If we receive adverse comment, we will withdraw 
the direct final rule and it will not take effect. We would address all 
public comments in any subsequent final rule based on this proposed 
rule.
    We will not institute a second comment period on this action. Any 
parties interested in commenting on this action should do so at this 
time. For further information, please see the information provided in 
the ADDRESSES section of this document.
    If requested by the date specified in the DATES section of this 
notice, EPA will hold a public hearing to accept oral testimony on this 
proposal on or before December 26, 2017 in Washington, DC. EPA will 
post all information regarding any public hearing on this proposed 
action, including whether a hearing will be held, its location, date, 
and time, if applicable, and any updates online at https://www.epa.gov/snap. In addition, you may contact Ms. Chenise Farquharson at (202) 
564-7768 or by email at [email protected] with public hearing 
requests and inquiries. EPA does not intend to publish any future 
notices in the Federal Register regarding a public hearing on this 
proposed rule and directs all inquiries regarding a hearing to the Web 
site and contact person identified above.

II. Does this action apply to me?

    This notice of proposed rulemaking would regulate the use of three 
flammable hydrocarbon refrigerants, isobutane (R-600a), propane (R-
290), and the hydrocarbon blend R-441A, in new household refrigerators, 
freezers, and combination refrigerators and freezers. Table 1 
identifies industry subsectors that might want to explore the use of 
these flammable refrigerants in this end-use or that might work with 
equipment using these refrigerants in the future. Regulated entities 
may include:

  Table 1--Potentially Regulated Entities by North American Industrial
                   Classification System (NAICS) Code
------------------------------------------------------------------------
                                                        Description of
              Category                  NAICS code    regulated entities
------------------------------------------------------------------------
Industry............................          333415  Manufacturers of
                                                       Refrigerators,
                                                       Freezers, and
                                                       Other
                                                       Refrigerating or
                                                       Freezing
                                                       Equipment,
                                                       Electric or Other
                                                       (NESOI); Heat
                                                       Pumps Not
                                                       Elsewhere
                                                       Specified or
                                                       Included; and
                                                       Parts Thereof.
Industry............................          335222  Household
                                                       Refrigerator and
                                                       Home Freezer
                                                       Manufacturing.
Industry............................          811412  Appliance Repair
                                                       and Maintenance.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that EPA is now aware 
could potentially be regulated by this action. Other types of entities 
not listed in the table could also be regulated. To determine whether 
your entity is regulated by this action, you should carefully examine 
the applicability criteria found in 40 CFR part 82. If you have 
questions regarding the applicability of this action to a particular 
entity, consult the person listed in the FOR FURTHER INFORMATION 
CONTACT section.

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Executive Order 13771: Reducing Regulation and Controlling 
Regulatory Costs

    This action is not expected to be an Executive Order 13771 
regulatory action because this action is not significant under 
Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
requirements contained in the existing regulations and has assigned OMB 
control number 2060-0226. This rule contains no new requirements for 
reporting or recordkeeping.

D. Regulatory Flexibility Act

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden or otherwise has a positive economic effect on the small 
entities subject to the rule.
    The use conditions of this rule would apply to manufacturers of new 
household refrigerators and freezers, that choose to use flammable 
refrigerants. This action would allow equipment manufacturers to use 
flammable refrigerants at a higher charge size than previously allowed 
in

[[Page 58156]]

new household refrigerators and freezers but does not mandate such use; 
the change to the use conditions allows more flexibility for 
manufacturers in the design of equipment and thus reduces regulatory 
burden to the regulated community. In some cases, it may reduce costs 
by allowing manufacturers to design equipment with a single, larger 
refrigerant circuit instead of multiple, smaller refrigerant circuits 
for the same piece of equipment.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. It will not have substantial direct effects on 
tribal governments, on the relationship between the Federal government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal government and Indian tribes, as specified in 
Executive Order 13175. Thus, Executive Order 13175 does not apply to 
this action.

H. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866, and 
because EPA does not believe the environmental health or safety risks 
addressed by this action present a disproportionate risk to children. 
This action's health and risk assessments are contained in risk screens 
for the various substitutes.\1 2 3\ The risk screens are available in 
the docket for this rulemaking.
---------------------------------------------------------------------------

    \1\ ICF, 2017a. Risk Screen on Substitutes in Household 
Refrigerators and Freezers; Substitute: Propane (R-290).
    \2\ ICF, 2017b. Risk Screen on Substitutes in Household 
Refrigerators and Freezers; Substitute: Isobutane (R-600a).
    \3\ ICF, 2017c. Risk Screen on Substitutes in Household 
Refrigerators and Freezers; Substitute: R-441A.
---------------------------------------------------------------------------

I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' because it is 
not likely to have a significant adverse effect on the supply, 
distribution or use of energy.

J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR 
Part 51

    This action involves a technical standard. EPA is proposing to 
revise the use conditions for the household refrigerators and freezers 
end-use by incorporating by reference the UL Standard 60335-2-24, 
``Safety Requirements for Household and Similar Electrical Appliances, 
Part 2: Particular Requirements for Refrigerating Appliances, Ice-Cream 
Appliances and Ice-Makers'' (2nd edition, April 2017), which 
establishes requirements for the evaluation of household and similar 
electrical appliances, and safe use of flammable refrigerants. UL 
Standard 60335-2-24 supersedes the current edition of UL Standard 250, 
Supplement A, ``Requirements for Refrigerators and Freezers Employing a 
Flammable Refrigerant in the Refrigerating System'' (10th Edition, 
August 2000. EPA's revision to the use conditions will replace the 2000 
UL standard 250 with the 2017 UL standard 60335-2-24. This standard is 
available at https://standardscatalog.ul.com/standards/en/standard_60335-2-24_2, and may be purchased by mail at: COMM 2000, 151 
Eastern Avenue, Bensenville, IL 60106; Email: 
[email protected]; Telephone: 1-888-853-3503 in the U.S. or 
Canada (other countries dial 1-415-352-2178); Internet address: http://www.shopulstandards.com/ProductDetail.aspx?productId=UL60335-2-24_2_B_20170428(ULStandards2). The cost of UL 60335-2-24 is $454 for an 
electronic copy and $567 for hardcopy. UL also offers a subscription 
service to the Standards Certification Customer Library (SCCL) that 
allows unlimited access to their standards and related documents. The 
cost of obtaining this standard is not a significant financial burden 
for equipment manufacturers and purchase is not required for those 
selling, installing and servicing the equipment. Therefore, EPA 
concludes that the UL standard being incorporated by reference is 
reasonably available.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The human health or environmental risk addressed by this action 
will not have potential disproportionately high and adverse human 
health or environmental effects on minority, low-income or indigenous 
populations. This action's health and environmental risk assessments 
are contained in the risk screens for the various substitutes. The risk 
screens are available in the docket for this rulemaking.

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Recycling, Reporting 
and recordkeeping requirements, Stratospheric ozone layer.

    Dated: November 20, 2017.
E. Scott Pruitt,
Administrator.
[FR Doc. 2017-26084 Filed 12-8-17; 8:45 am]
BILLING CODE 6560-50-P



                                                 58154                 Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Proposed Rules

                                                 Associate Register of Copyrights, by                    regulatory language. Any such                         updated standard from Underwriters
                                                 email at sdam@loc.gov, Regan A. Smith,                  communication may occur before and                    Laboratories. In the ‘‘Rules and
                                                 Deputy General Counsel, by email at                     after public comments are submitted to                Regulations’’ section of this Federal
                                                 resm@loc.gov, or Anna Chauvet,                          the Office, but before a final rule has               Register, we are modifying these use
                                                 Assistant General Counsel, by email at                  issued. Parties wishing to participate in             conditions as a direct final rule without
                                                 achau@loc.gov, or any of them by                        informal discussions with the Office                  a prior proposed rule. If we receive no
                                                 telephone at 202–707–8350.                              should submit a written request using                 adverse comment, we will not take
                                                 SUPPLEMENTARY INFORMATION: On                           the contact information above.                        further action on this proposed rule.
                                                 December 1, 2017, the Office issued a                      The primary means to communicate                   DATES: Written comments must be
                                                 notice of proposed rulemaking                           views in the course of the rulemaking                 received on or before January 25, 2018.
                                                 (‘‘NPRM’’) on proposed rules governing                  will, however, continue to be through                 Any party requesting a public hearing
                                                 the royalty reporting practices of cable                the submission of written comments. In                must notify the contact listed below
                                                 operators under section 111 and                         other words, informal communication                   under FOR FURTHER INFORMATION
                                                 proposed revisions to the Statement of                  will supplement, not substitute for, the              CONTACT by December 18, 2017.
                                                 Account forms, and on proposed                          written record. Should a party meet                   ADDRESSES: Submit your comments,
                                                 amendments to the Statement of                          with the Office regarding this                        identified by Docket ID No. EPA–HQ–
                                                 Account filing requirements.1 The                       rulemaking, the participating party will              OAR–2017–0472, to the Federal
                                                 NPRM addresses certain issues outlined                  be responsible for submitting a list of               eRulemaking Portal: https://
                                                 by a 2006 notice of inquiry published by                attendees and written summary of any                  www.regulations.gov. Follow the online
                                                 the Office,2 which received comments                    oral communication to the Office, which               instructions for submitting comments.
                                                 from multiple parties,3 as well as                      will be made publicly available on the                Once submitted, comments cannot be
                                                 additional issues that have subsequently                Office’s Web site or regulations.gov. In              edited or withdrawn. EPA may publish
                                                 arisen. While the NPRM is primarily                     sum, while the Office is establishing the             any comment received to its public
                                                 focused on reporting practices for the                  option of informal meetings in this                   docket. Do not submit electronically any
                                                 cable license, some of the rules                        rulemaking, it will require that all such             information you consider to be
                                                 proposed by the NPRM would also                         communications be on the record to                    Confidential Business Information (CBI)
                                                 apply to remitters making use of the                    ensure the greatest possible                          or other information whose disclosure is
                                                 section 119 (satellite) or chapter 10                   transparency.                                         restricted by statute. Multimedia
                                                 (‘‘DART’’) licenses.4 The Office                          Dated: December 6, 2017.                            submissions (audio, video, etc.) must be
                                                 welcomed public input on the proposed                   Sarang V. Damle,                                      accompanied by a written comment.
                                                 changes set forth in the NPRM, as well                  General Counsel and Associate Register of
                                                                                                                                                               The written comment is considered the
                                                 as other suggestions on streamlining or                 Copyrights.                                           official comment and should include
                                                 otherwise improving reporting practices                 [FR Doc. 2017–26631 Filed 12–8–17; 8:45 am]
                                                                                                                                                               discussion of all points you wish to
                                                 for the section 111 license.                                                                                  make. EPA will generally not consider
                                                                                                         BILLING CODE 1410–30–P
                                                                                                                                                               comments or comment contents located
                                                 A. Reply Comments                                                                                             outside of the primary submission (i.e.,
                                                   The Office has determined that                                                                              on the Web, cloud, or other file sharing
                                                                                                         ENVIRONMENTAL PROTECTION                              system). For additional submission
                                                 interested parties should be given an
                                                                                                         AGENCY                                                methods, the full EPA public comment
                                                 opportunity to address the proposed
                                                 regulation and any comments submitted                   40 CFR Part 82                                        policy, information about CBI or
                                                 in response to the NPRM before the                                                                            multimedia submissions, and general
                                                 Office adopts a final rule. Accordingly,                [EPA–HQ–OAR–2017–0472; FRL–9968–23–                   guidance on making effective
                                                                                                         OAR]                                                  comments, please visit https://
                                                 the Office concludes that reply
                                                 comments would be appropriate.                          RIN 2060–AT53                                         www.epa.gov/dockets/commenting-epa-
                                                 Interested parties must submit written                                                                        dockets.
                                                 reply comments in accordance with the                   Protection of Stratospheric Ozone:                    FOR FURTHER INFORMATION CONTACT:
                                                 deadline specified in the DATES section                 Revision to References for                            Chenise Farquharson, Stratospheric
                                                 above. Reply commenters should limit                    Refrigeration and Air Conditioning                    Protection Division, Office of
                                                 their remarks to the issues or concerns                 Sector To Incorporate Latest Edition of               Atmospheric Programs (Mail Code
                                                 presented in the initial comments.                      Certain Industry, Consensus-Based                     6205T), Environmental Protection
                                                                                                         Standards                                             Agency, 1200 Pennsylvania Ave. NW.,
                                                 B. Ex-Parte Communication
                                                                                                         AGENCY: Environmental Protection                      Washington, DC 20460; telephone
                                                   Typically, the Office’s                               Agency (EPA).                                         number: 202–564–7768; email address:
                                                 communications with participants about                                                                        farquharson.chenise@epa.gov. Notices
                                                                                                         ACTION: Notice of proposed rulemaking.
                                                 ongoing rulemakings do not include                                                                            and rulemakings under EPA’s
                                                 discussions about the substance of the                  SUMMARY:   The U.S. Environmental                     Significant New Alternatives Policy
                                                 proceeding apart from the noticed                       Protection Agency (EPA) is proposing to               program are available on EPA’s
                                                 phases of written comments. The Office                  modify the use conditions required for                Stratospheric Ozone Web site at https://
                                                 has determined that informal                            use of three flammable refrigerants,                  www.epa.gov/snap/snap-regulations.
                                                 communication with interested parties                   isobutane (R–600a), propane (R–290),                  SUPPLEMENTARY INFORMATION:
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                                                 might be beneficial in this rulemaking,                 and R–441A, in new household
                                                 such as to discuss nuances of proposed                  refrigerators, freezers, and combination              I. What is EPA proposing?
                                                                                                         refrigerators and freezers under the                     This action proposes to revise the use
                                                   1 82 FR 56926 (Dec. 1, 2017).
                                                   2 71
                                                                                                         Significant New Alternatives Policy                   conditions for three flammable
                                                        FR 45749 (Aug. 10, 2006).
                                                   3 The initial and reply comments have been
                                                                                                         (SNAP) program. The use conditions,                   hydrocarbon refrigerants, isobutane (R–
                                                 posted on the Office’s Web site at https://copyright.   which address safe use of flammable                   600a), propane (R–290), and R–441A,
                                                 gov/rulemaking/section111.                              refrigerants, would reflect the                       used in new household refrigerators,
                                                   4 82 FR at 56935–36.                                  incorporation by reference of an                      freezers, and combination refrigerators


                                            VerDate Sep<11>2014   17:10 Dec 08, 2017   Jkt 244001   PO 00000   Frm 00022   Fmt 4702   Sfmt 4702   E:\FR\FM\11DEP1.SGM   11DEP1


                                                                            Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Proposed Rules                                             58155

                                                 and freezers under EPA’s Significant                          this Federal Register, EPA is taking this             any public hearing on this proposed
                                                 New Alternatives Policy (SNAP)                                action as a direct final rule without                 action, including whether a hearing will
                                                 program. This action would replace four                       prior proposal because EPA views this                 be held, its location, date, and time, if
                                                 of the five use conditions in our                             as a noncontroversial revision and                    applicable, and any updates online at
                                                 previous hydrocarbon refrigerants rules                       anticipates no adverse comments. This                 https://www.epa.gov/snap. In addition,
                                                 (76 FR 78832, December 20, 2011; 80 FR                        action does not place any significant                 you may contact Ms. Chenise
                                                 19454, April 10, 2015) with the updated                       burden on the regulated community and                 Farquharson at (202) 564–7768 or by
                                                 Underwriters Laboratories (UL)                                ensures consistency with industry                     email at farquharson.chenise@epa.gov
                                                 Standard 60335–2–24 (2nd edition,                             standards. We have explained our                      with public hearing requests and
                                                 April 28, 2017), ‘‘Household and                              reasons for this action in the preamble               inquiries. EPA does not intend to
                                                 Similar Electrical Appliances—Safety—                         to the direct final rule.                             publish any future notices in the
                                                 Part 2–24: Particular Requirements for                           If we receive no adverse comment, we               Federal Register regarding a public
                                                 Refrigerating Appliances, Ice-Cream                           will not take further action on this                  hearing on this proposed rule and
                                                 Appliances and Ice-Makers.’’ UL                               proposed rule. If we receive adverse                  directs all inquiries regarding a hearing
                                                 Standard 60335–2–24 supersedes the                            comment, we will withdraw the direct                  to the Web site and contact person
                                                 current edition of UL Standard 250                            final rule and it will not take effect. We            identified above.
                                                 (10th edition, August 25, 2000),                              would address all public comments in
                                                                                                                                                                     II. Does this action apply to me?
                                                 ‘‘Household Refrigerators and Freezers,’’                     any subsequent final rule based on this
                                                 which EPA previously incorporated by                          proposed rule.                                           This notice of proposed rulemaking
                                                 reference in the use conditions of the                           We will not institute a second                     would regulate the use of three
                                                 acceptability listings for these three                        comment period on this action. Any                    flammable hydrocarbon refrigerants,
                                                 refrigerants (76 FR 78832, December 20,                       parties interested in commenting on this              isobutane (R–600a), propane (R–290),
                                                 2011; 80 FR 19454, April 10, 2015). The                       action should do so at this time. For                 and the hydrocarbon blend R–441A, in
                                                 use conditions would include a charge                         further information, please see the                   new household refrigerators, freezers,
                                                 limit of 150 grams (5.29 ounces) for each                     information provided in the ADDRESSES                 and combination refrigerators and
                                                 separate refrigerant circuit in a                             section of this document.                             freezers. Table 1 identifies industry
                                                 refrigerator or freezer, consistent with                         If requested by the date specified in              subsectors that might want to explore
                                                 UL Standard 60335–2–24. The use                               the DATES section of this notice, EPA                 the use of these flammable refrigerants
                                                 conditions that would be replaced are                         will hold a public hearing to accept oral             in this end-use or that might work with
                                                 reflected in the provisions of UL                             testimony on this proposal on or before               equipment using these refrigerants in
                                                 Standard 60335–2–24 and would be                              December 26, 2017 in Washington, DC.                  the future. Regulated entities may
                                                 redundant of the standard. Elsewhere in                       EPA will post all information regarding               include:

                                                  TABLE 1—POTENTIALLY REGULATED ENTITIES BY NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) CODE
                                                              Category                      NAICS code                                             Description of regulated entities

                                                 Industry ...............................         333415     Manufacturers of Refrigerators, Freezers, and Other Refrigerating or Freezing Equipment, Elec-
                                                                                                               tric or Other (NESOI); Heat Pumps Not Elsewhere Specified or Included; and Parts Thereof.
                                                 Industry ...............................         335222     Household Refrigerator and Home Freezer Manufacturing.
                                                 Industry ...............................         811412     Appliance Repair and Maintenance.



                                                    This table is not intended to be                           A. Executive Order 12866: Regulatory                  requirements for reporting or
                                                 exhaustive, but rather provides a guide                       Planning and Review and Executive                     recordkeeping.
                                                 for readers regarding entities likely to be                   Order 13563: Improving Regulation and
                                                                                                                                                                     D. Regulatory Flexibility Act
                                                 regulated by this action. This table lists                    Regulatory Review
                                                 the types of entities that EPA is now                                                                                  I certify that this action will not have
                                                                                                                 This action is not a significant                    a significant economic impact on a
                                                 aware could potentially be regulated by                       regulatory action and was therefore not
                                                 this action. Other types of entities not                                                                            substantial number of small entities
                                                                                                               submitted to the Office of Management                 under the RFA. In making this
                                                 listed in the table could also be                             and Budget (OMB) for review.                          determination, the impact of concern is
                                                 regulated. To determine whether your
                                                                                                               B. Executive Order 13771: Reducing                    any significant adverse economic
                                                 entity is regulated by this action, you
                                                                                                               Regulation and Controlling Regulatory                 impact on small entities. An agency may
                                                 should carefully examine the                                                                                        certify that a rule will not have a
                                                 applicability criteria found in 40 CFR                        Costs
                                                                                                                                                                     significant economic impact on a
                                                 part 82. If you have questions regarding                        This action is not expected to be an                substantial number of small entities if
                                                 the applicability of this action to a                         Executive Order 13771 regulatory action               the rule relieves regulatory burden, has
                                                 particular entity, consult the person                         because this action is not significant                no net burden or otherwise has a
                                                 listed in the FOR FURTHER INFORMATION                         under Executive Order 12866.                          positive economic effect on the small
                                                 CONTACT section.                                                                                                    entities subject to the rule.
                                                                                                               C. Paperwork Reduction Act (PRA)
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 III. Statutory and Executive Order                                                                                     The use conditions of this rule would
                                                                                                                 This action does not impose any new                 apply to manufacturers of new
                                                 Reviews
                                                                                                               information collection burden under the               household refrigerators and freezers,
                                                   Additional information about these                          PRA. OMB has previously approved the                  that choose to use flammable
                                                 statutes and Executive Orders can be                          information collection requirements                   refrigerants. This action would allow
                                                 found at https://www.epa.gov/laws-                            contained in the existing regulations                 equipment manufacturers to use
                                                 regulations/laws-and-executive-orders.                        and has assigned OMB control number                   flammable refrigerants at a higher
                                                                                                               2060–0226. This rule contains no new                  charge size than previously allowed in


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                                                 58156                Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Proposed Rules

                                                 new household refrigerators and                         The risk screens are available in the                 that the UL standard being incorporated
                                                 freezers but does not mandate such use;                 docket for this rulemaking.                           by reference is reasonably available.
                                                 the change to the use conditions allows
                                                                                                         I. Executive Order 13211: Actions                     K. Executive Order 12898: Federal
                                                 more flexibility for manufacturers in the
                                                                                                         Concerning Regulations That                           Actions To Address Environmental
                                                 design of equipment and thus reduces                                                                          Justice in Minority Populations and
                                                                                                         Significantly Affect Energy Supply,
                                                 regulatory burden to the regulated                                                                            Low-Income Populations
                                                                                                         Distribution, or Use
                                                 community. In some cases, it may
                                                 reduce costs by allowing manufacturers                                                                           The human health or environmental
                                                                                                           This action is not a ‘‘significant
                                                 to design equipment with a single,                                                                            risk addressed by this action will not
                                                                                                         energy action’’ because it is not likely to
                                                 larger refrigerant circuit instead of                                                                         have potential disproportionately high
                                                                                                         have a significant adverse effect on the
                                                 multiple, smaller refrigerant circuits for                                                                    and adverse human health or
                                                                                                         supply, distribution or use of energy.
                                                 the same piece of equipment.                                                                                  environmental effects on minority, low-
                                                                                                         J. National Technology Transfer and                   income or indigenous populations. This
                                                 E. Unfunded Mandates Reform Act                         Advancement Act (NTTAA) and 1 CFR                     action’s health and environmental risk
                                                 (UMRA)                                                  Part 51                                               assessments are contained in the risk
                                                    This action does not contain any                                                                           screens for the various substitutes. The
                                                                                                            This action involves a technical                   risk screens are available in the docket
                                                 unfunded mandate as described in                        standard. EPA is proposing to revise the
                                                 UMRA, 2 U.S.C. 1531–1538, and does                                                                            for this rulemaking.
                                                                                                         use conditions for the household
                                                 not significantly or uniquely affect small              refrigerators and freezers end-use by                 List of Subjects in 40 CFR Part 82
                                                 governments. The action imposes no                      incorporating by reference the UL                       Environmental protection,
                                                 enforceable duty on any state, local or                 Standard 60335–2–24, ‘‘Safety                         Administrative practice and procedure,
                                                 tribal governments or the private sector.               Requirements for Household and                        Air pollution control, Incorporation by
                                                 F. Executive Order 13132: Federalism                    Similar Electrical Appliances, Part 2:                reference, Recycling, Reporting and
                                                                                                         Particular Requirements for                           recordkeeping requirements,
                                                   This action does not have federalism                  Refrigerating Appliances, Ice-Cream                   Stratospheric ozone layer.
                                                 implications. It will not have substantial              Appliances and Ice-Makers’’ (2nd                        Dated: November 20, 2017.
                                                 direct effects on the states, on the                    edition, April 2017), which establishes
                                                 relationship between the national                                                                             E. Scott Pruitt,
                                                                                                         requirements for the evaluation of                    Administrator.
                                                 government and the states, or on the                    household and similar electrical
                                                 distribution of power and                               appliances, and safe use of flammable
                                                                                                                                                               [FR Doc. 2017–26084 Filed 12–8–17; 8:45 am]
                                                 responsibilities among the various                      refrigerants. UL Standard 60335–2–24
                                                                                                                                                               BILLING CODE 6560–50–P
                                                 levels of government.                                   supersedes the current edition of UL
                                                 G. Executive Order 13175: Consultation                  Standard 250, Supplement A,                           ENVIRONMENTAL PROTECTION
                                                 and Coordination With Indian Tribal                     ‘‘Requirements for Refrigerators and                  AGENCY
                                                 Governments                                             Freezers Employing a Flammable
                                                                                                         Refrigerant in the Refrigerating System’’             40 CFR Part 131
                                                   This action does not have tribal                      (10th Edition, August 2000. EPA’s
                                                 implications as specified in Executive                                                                        [EPA–HQ–OW–2017–0303; FRL–9971–30–
                                                                                                         revision to the use conditions will                   OW]
                                                 Order 13175. It will not have substantial               replace the 2000 UL standard 250 with
                                                 direct effects on tribal governments, on                the 2017 UL standard 60335–2–24. This                 RIN 2040–AF71
                                                 the relationship between the Federal                    standard is available at https://
                                                 government and Indian tribes, or on the                 standardscatalog.ul.com/standards/en/                 Proposed Withdrawal of Certain
                                                 distribution of power and                               standard_60335–2–24_2, and may be                     Federal Water Quality Criteria
                                                 responsibilities between the Federal                    purchased by mail at: COMM 2000, 151                  Applicable to California: Lead,
                                                 government and Indian tribes, as                        Eastern Avenue, Bensenville, IL 60106;                Chlorodibromomethane, and
                                                 specified in Executive Order 13175.                     Email: orders@shopulstandards.com;                    Dichlorobromomethane
                                                 Thus, Executive Order 13175 does not                    Telephone: 1–888–853–3503 in the U.S.                 AGENCY:  Environmental Protection
                                                 apply to this action.                                   or Canada (other countries dial 1–415–                Agency (EPA).
                                                 H. Executive Order 13045: Protection of                 352–2178); Internet address: http://                  ACTION: Proposed rule.
                                                 Children From Environmental Health                      www.shopulstandards.com/Product
                                                 and Safety Risks                                        Detail.aspx?productId=UL60335-2-24_                   SUMMARY:    The Environmental Protection
                                                                                                         2_B_20170428(ULStandards2). The cost                  Agency (EPA) is proposing to amend the
                                                   This action is not subject to Executive               of UL 60335–2–24 is $454 for an                       federal regulations to withdraw certain
                                                 Order 13045 because it is not                           electronic copy and $567 for hardcopy.                human health (water and organisms)
                                                 economically significant as defined in                  UL also offers a subscription service to              water quality criteria and certain
                                                 Executive Order 12866, and because                      the Standards Certification Customer                  freshwater acute and chronic aquatic
                                                 EPA does not believe the environmental                  Library (SCCL) that allows unlimited                  life water quality criteria, applicable to
                                                 health or safety risks addressed by this                access to their standards and related                 certain waters of California because
                                                 action present a disproportionate risk to               documents. The cost of obtaining this                 California adopted, and EPA approved,
                                                 children. This action’s health and risk                 standard is not a significant financial               criteria for these parameters that are
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 assessments are contained in risk                       burden for equipment manufacturers                    considered protective of the uses for the
                                                 screens for the various substitutes.1 2 3               and purchase is not required for those                waterbodies. The EPA is providing an
                                                                                                         selling, installing and servicing the                 opportunity for public comment to this
                                                   1 ICF, 2017a. Risk Screen on Substitutes in
                                                                                                         equipment. Therefore, EPA concludes                   proposed withdrawal of certain
                                                 Household Refrigerators and Freezers; Substitute:                                                             federally promulgated criteria. The
                                                 Propane (R–290).
                                                   2 ICF, 2017b. Risk Screen on Substitutes in             3 ICF, 2017c. Risk Screen on Substitutes in         withdrawal will enable California to
                                                 Household Refrigerators and Freezers; Substitute:       Household Refrigerators and Freezers; Substitute:     implement their EPA-approved water
                                                 Isobutane (R–600a).                                     R–441A.                                               quality criteria.


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Document Created: 2017-12-09 01:49:24
Document Modified: 2017-12-09 01:49:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesWritten comments must be received on or before January 25, 2018. Any party requesting a public hearing must notify the contact listed below under FOR FURTHER INFORMATION CONTACT by December 18, 2017.
ContactChenise Farquharson, Stratospheric Protection Division, Office of Atmospheric Programs (Mail Code 6205T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
FR Citation82 FR 58154 
RIN Number2060-AT53
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Air Pollution Control; Incorporation by Reference; Recycling; Reporting and Recordkeeping Requirements and Stratospheric Ozone Layer

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